Tenant seeking possessions years after eviction.

[Burt]

Jurisdiction

New York

Former tenant wants me to provide documentation of the eviction, i.e court order, marshal's paper. and what exactly happened to his stuff. A legal eviction took place more than 8 years ago! Should I ignore or take some kind of action?
This is New York, Westchester County.

 

[Red Kayak]

It depends on what your goals are. Legally, this is way past tense. However, this person may be someone who is finally shaping up after whatever mess they had been in. (Health issues, addiction, trouble with the law, homelessness, etc.) If you have reason to believe that this person is trying to reconstruct their life after getting out of this black hole, it might make them go away and leave you alone to help them minimally with their request.

Should you wish to be kind, just send them copies of your correspondence and timeline, and direct them to where they can get their own #$% copies of the court documents.

 

[Burt]

It depends on what your goals are. Legally, this is way past tense. However, this person may be someone who is finally shaping up after whatever mess they had been in. (Health issues, addiction, trouble with the law, homelessness, etc.) If you have reason to believe that this person is trying to reconstruct their life after getting out of this black hole, it might make them go away and leave you alone to help them minimally with their request.

Should you wish to be kind, just send them copies of your correspondence and timeline, and direct them to where they can get their own #$% copies of the court documents.

thanks
This is someone who stiffed everyone 8 yrs. ago, he caused me much aggravation. I think he knows where to go to find those papers but wants to me to do the work. He defaulted on an agreement signed by 2 lawyers, me a and a judge. He has no legal recourse correct, statute of limitations is what time frame, way past tense you say.

 

[Red Kayak]

I suspected as much.

I could sort of understand it if he had a substance abuse issue at the time and was now sober, but the fact that he's asking for information rather than offering contrition tends to seem at best odd.

Just because he has no legal basic for recourse doesn't mean he won't continue to try and annoy you.

Don't do his work for him, and keep your distance.

 

[army judge]

Former tenant wants me to provide documentation of the eviction, i.e court order, marshal's paper. and what exactly happened to his stuff. A legal eviction took place more than 8 years ago! Should I ignore or take some kind of action?
This is New York, Westchester County.

Step 5: Possession of Property is Returned

Tenants have 14 days >after receiving the warrant of eviction to move out before they are forcibly removed from the rental unit by a marshal, sheriff or constable unless the eviction is for nonpayment of rent, in which case the tenant will only have 10 days to move out.

If the tenant is being evicted for nonpayment of rent and pays the rent amount in full prior to the end of 14th day, the eviction process will be stopped, and the tenant will be allowed to remain in the rental unit.

There are a few circumstances in which the court may grant a stay of execution, and allow the tenant more time in the rental unit before having to move out:

• Extreme Hardship. This could include things like "serious illness," changing the school a child is enrolled in, and other family hardships a move would cause. The stay can be no longer than one year.

• To Cure a Breach. If the eviction was for violation of the lease; the stay can be no longer than 30 days. If, at the end of the 30-day stay, the breach has been corrected, the tenant may remain in the rental unit and will not be evicted.

New York Eviction Process Timeline

In New York, an eviction can be completed in 1 to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren't) in session and other various possible delays.

Below are the parts of the New York eviction process outside the control of landlords for cases that go uncontested.

Step	Estimated Time
Initial Notice Period	14-90 Calendar Days
Court Issuing/Serving Summons	10-17 Business Days
Tenant Response Period	~10 Business Days
Court Ruling	10-17 Business Days
Court Serving Warrant of Eviction	1-3 Business Days
Final Notice Period	~14 Days

New York Eviction Process (2024): Grounds, Steps & Timeline

About the eviction process in New York, including how long it is, how much notice is needed, and what the procedures are without a lease.

ipropertymanagement.com

 

[adjusterjack]

Former tenant wants me to provide documentation of the eviction, i.e court order, marshal's paper. and what exactly happened to his stuff. A legal eviction took place more than 8 years ago! Should I ignore or take some kind of action?
This is New York, Westchester County.

Former landlord here. Not legal advice but my response would be the equivalent of "pound sand."

 

[welkin]

Former tenant wants me to provide documentation of the eviction, i.e court order, marshal's paper. and what exactly happened to his stuff. A legal eviction took place more than 8 years ago! Should I ignore or take some kind of action?
This is New York, Westchester County.

I wouldn't be so quick to tell your former tenant to pound sand unless your lease clearly states what you are allowed to do with his abandoned property, and you followed all the state and local common laws for disposing it. You do have legal requirements to safeguard and protect his property especially in an eviction.

New York State is still in many respects, a common law jurisdiction, and the "law" is created by decisions of judges determining controversies. In plain language, that means, New York has chosen not to write laws on some things that are so well understood, that a law will create a new set of problems that no one could foresee. New York unlike many states, lets its landlords and tenants come up with anticipatory language in written leases to deal with many aspects of the landlord and tenant relation. New York courts will enforce a lease, even with harsh terms, as long as a term is not unconscionable and does not violate a statute that specifically voids that term.

So a New York landlord is expected to foresee the day when the tenant is evicted, by court process, the tenant moves voluntarily at the end of the term, the tenant skips out in the middle of night, and for each potential situation make a written agreement about what to do with the personal property of the tenant left behind. A landlord and a tenant may agree that when the tenant moves out at the end of the term ( a planned and not a forced move) that the property left behind is deemed abandoned and may be disposed by the landlord without any liability to the landlord or charge to the tenant.

But when the tenant is evicted by law (in most parts of New York, by a Sheriff, and in New York City by a City Marshal), the tenant will inevitably leave behind personal property, either due to poor planning, or inability to deal with the process ( the reason will not matter), and at the eviction, the Sheriff or City Marshal, will inventory the property and provide duplicate inventories to the landlord and to the tenant. The landlord may arrange for a move out to a storage or warehouse, and must provide the tenant with the location of the property.

If just left behind, our ancient common law tradition makes the landlord an involuntary gratuitous bailee, with the responsibility to take ordinary care of the tenant's property for a reasonable period, while attempting to convince the tenant to move the property on his own.

While the property remains in the landlord's control and possession the landlord even though serving as a bailee without fee and without true consent, may not cause damage to the property by gross neglect and cannot dispose of the property. A landlord may move the property to short term storage as long as the landlord presents all the information to the tenant needed for the tenant to maintain the storage on his own account.

Instead of statutes, New York relies on landlord and tenant to each anticipate the what to do if property is left behind scenario, and come to terms in a written lease, or allow the courtroom made law (the law in the books made by judges deciding cases and controversies) control the event.

It should be obvious that your former tenant is intending to take some sort of action against you to recover his personal property. I don't know if it is too late (after 8 years) for him to do so because I can't find any SOL on such an action. I also don't know if you inventoried and stored his property and notified him of your actions, where his property was stored, and what he needed to do to retrieve it or if you just disposed of it.

You may want to collect all the documents the tenant requested and consult with an attorney before you tell him to pound sand.

 

[adjusterjack]

I looked up the NY statutes of limitations.

6 years breach of contract.
3 years property tort.

Obvious (to me anyway) that former tenant is blowing hot air. Even if foolish enough to file a lawsuit, the SOL has run out and he is SOL.

Agree, though, that OP should have all his documentary ducks in a row just in case.

 

[welkin]

I looked up the NY statutes of limitations.

6 years breach of contract.
3 years property tort.

Obvious (to me anyway) that former tenant is blowing hot air. Even if foolish enough to file a lawsuit, the SOL has run out and he is SOL.

Agree, though, that OP should have all his documentary ducks in a row just in case.

I'm not as sure as you after looking into it about the SOL. The reason I say that is it is not only dependent on the lease but also when the SOL begins. It is not clear cut. If the lease does not address what happens to abandoned property after eviction, (which is an exception in NY case law) then it is really a gray area. And did the landlord follow the law to dispose of the property.

 

[Burt]

I'm not as sure as you after looking into it about the SOL. The reason I say that is it is not only dependent on the lease but also when the SOL begins. It is not clear cut. If the lease does not address what happens to abandoned property after eviction, (which is an exception in NY case law) then it is really a gray area. And did the landlord follow the law to dispose of the property.

I went through all of the legal steps. There was a court date where a lawyer showed for him since he had left the country 7 mos. prior. An agreement was written that he starts paying rent 1st of the following month; if he defaults on any payment landlord can proceed with eviction. This was signed by both lawyers, me and the judge. He defaulted on 1st payment hence the eviction. Everything was placed curbside by Marshall's men and picked by a city truck-that is the eviction process here. It was good he had the lawyer there for him so that is on record. Former tenant just returned in May' 2024 and wondering about his stuff more 8 years later.

 

[army judge]

Former tenant just returned in May' 2024 and wondering about his stuff more 8 years later.

It appears to me that YOU had no hand in the person's PHYSICAL EVICTION.

If my conclusion is correct, it might behoove YOU to respond to his/her/it's entreaties with the following:

I had no hand or involvement in your physical eviction, as in the removal of YOUR ALLEGED PROPERTY.

If the former tenant still has concerns regarding HER/HIS/IT'S PERSONAL POSSESSIONS, you might SUGGEST he/she/it makes contact with the law enforcement officials who physically removed the possessions pursuant to a lawful court order.

 

[adjusterjack]

Army Judge makes a good point.